Your Private Lawyer

As a lawyer, it is important to clarify that, according to Brazilian legislation, consumers have guaranteed rights in cases of cancellation of purchase due to lack of stock. First, I should mention that Law nº 8.078/1990, known as the Consumer Defense Code (CDC), is the main source of consumer protection in Brazil. This law provides several rights to consumers, including in relation to the purchase of products. In relation to your specific case, the lack of stock cannot serve as a justification for canceling the purchase without respecting the rights of the consumer. It is important to note that the store is obliged to comply with the offer made to the consumer, and this includes delivering the product within the stipulated period, even if it is necessary to purchase the item at another establishment. If the store no longer has the product in stock, it must offer the consumer other options, such as choosing another equivalent product or canceling the purchase with due reimbursement of the amount paid. Furthermore, it is important to mention that the deadline for the delivery of the product is an obligation of the store and must be respected. If this period is not complied with, the consumer is entitled to cancel the purchase and receive a full refund of the amount paid, as provided for in Article 35 of the CDC. In short, your rights as a consumer are guaranteed by Brazilian law, specifically by the Consumer Defense Code. If the store does not comply with its obligations, the consumer has the right to seek legal protection to assert his rights.